McKay v. Anderson Steamboat Co.

Citations

• 51 Wash. 679
• 99 P. 1030
• 1909 Wash. LEXIS 1254

Syllabus

<p>Appeal — Review—Verdict. The supreme court will not set aside a verdict because of conflict in evidence supporting it.</p> <p>■ Carrier — Negligence — Landing Passengers — Evidence — Question for Jury. Negligence in landing a passenger from a steamer is for the jury, where there was testimony to the effect that the boat tied up at the wharf and starting up shifted away while plaintiff was attempting and before she had an opportunity to alight, precipitating her into the water.</p> <p>Trial — Instructions—Assumption as to Pacts. It is not error in instructions to the jury to refer to one of the parties to the action as a “lady.”</p> <p>Appeal — Review—Harmless Error — Instructions. It is harmless error to give’ a technically incorrect instruction exonerating the appellant if it had established contributory negligence, where appellant had offered no evidence of contributory negligence, and there was none.</p> <p>Carriers — Negligence — Landing Passengers — Shipping — Evidence of Custom. Evidence of custom in landing passengers at a wharf is properly excluded where there was simply a dispute as to the facts on the issue as to negligence, the testimony of either party, if true, warranting a favorable verdict.</p>